Academic literature on the topic 'Rome Statute of the International Criminal Court (1998)'
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Journal articles on the topic "Rome Statute of the International Criminal Court (1998)"
1
Rosenne, Shabtai. "The Jurisdiction of the International Criminal Court." Yearbook of International Humanitarian Law 2 (December 1999): 119–41. http://dx.doi.org/10.1017/s1389135900000398.
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This article will review the jurisdiction of the new International Criminal Court (ICC) under the Rome Statute of 17 July 1998. Jurisdiction will be examinedratione personaeandratione materiae, including in each case its scoperatione temporis, concentrating on two separate aspects of jurisdiction as they appear in the Statute. These are jurisdiction to bring charges against an alleged offender and to bring that person to trial, and as a corollary, jurisdiction to detain or arrest an accused or suspected person. Given that it is early in the history of the Rome Statute, some consideration of other issues raised by the Statute is also necessary.
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Arsanjani, Mahnoush H. "The Rome Statute of the International Criminal Court." American Journal of International Law 93, no. 1 (January 1999): 22–43. http://dx.doi.org/10.2307/2997954.
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The United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (ICC) took place in Rome at the headquarters of the Food and Agriculture Organization from June 15 to July 17, 1998. The participants numbered 160 states, thirty-three intergovernmental organizations and a coalition of 236 nongovernmental organizations (NGOs). The conference concluded by adopting the Rome Statute of the International Criminal Court by a nonrecorded vote of 120 in favor, 7 against and 21 abstentions. The United States elected to indicate publicly that it had voted against the statute. France, the United Kingdom and the Russian Federation supported the statute.
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Hall, Ian, and Renée Jeffery. "India, the Rome Statute, and the International Criminal Court." Global Governance: A Review of Multilateralism and International Organizations 27, no. 3 (September 29, 2021): 460–82. http://dx.doi.org/10.1163/19426720-02703001.
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Abstract Despite its long-standing rhetorical support for an international criminal justice regime, India continues to resist signing the 1998 Rome Statute that created the International Criminal Court. This article explores the reasons for this reluctance. It observes that during the negotiations that led to the Rome Statute, India voiced multiple objections to the design of the ICC, to how it was to function, and to the crimes that it was to address. It argues that analyzing the negotiating strategy India employed during those talks allows us to discern which reasons mattered more to New Delhi and what accounts for India’s ongoing refusal to sign the Rome Statute.
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Hall, Christopher Keith. "The Sixth Session of the UN Preparatory Committee on the Establishment of an International Criminal Court." American Journal of International Law 92, no. 3 (July 1998): 548–56. http://dx.doi.org/10.2307/2997929.
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The Preparatory Committee on the Establishment of an International Criminal Court (Preparatory Committee or committee) held its sixth and final session from March 16 to April 3, 1998, at the United Nations headquarters in New York. At this session it completed its work of preparing a consolidated text of a statute for a permanent international criminal court (ICC) for adoption at a diplomatic conference in Rome held from June 15 to July 17, 1998. The consolidated text is considerably longer than the draft statute submitted by the International Law Commission to the UN General Assembly in July 1994 (ILC draft statute) and contains many different options submitted by states, but it is still largely consistent with the basic structure of the ILC draft statute.
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Setiadji Putri, Bugivia Maharani, and Sefriani Sefriani. "The International Criminal Court Jurisdiction Towards The Deportation Issues In Myanmar." Yustisia Jurnal Hukum 10, no. 3 (December 23, 2021): 306. http://dx.doi.org/10.20961/yustisia.v10i3.54279.
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<p><em>This research aims to comprehensively analyze the International Criminal Court’s jurisdiction in adjudicating gross violations of human rights involving a non-party state of the 1998 Rome Statute and its application to the perpetrators of deportation against the Rohingya with Myanmar as the non-party state. The results showed that this jurisdiction can be implemented under three conditions, first, the crime is committed by nationals of a non-party state on the territory of a state party to the Statute. Second, the UN Security Council refers a situation to the International Criminal Court in its resolution. Third, through an ad hoc declaration that a non-party state of the Rome Statute accepts the International Criminal Court’s jurisdiction. Since the territorial jurisdiction of the International Criminal Court covers crimes that occur wholly or partly on the territory of a state party, it can be applied to the deportation against the Rohingya in Myanmar. This involved the fleeing of this ethnic group from attacks by the Government of Myanmar to Bangladesh, a state party to the 1998 Rome Statute</em></p>
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Vedkal, V. A. "JURISDICTION OF THE INTERNATIONAL CRIMINAL COURT." Actual problems of native jurisprudence 3, no. 3 (June 2021): 183–88. http://dx.doi.org/10.15421/392170.
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The peculiarities of the jurisdiction of the International Criminal Court – a permanent judicial body established in accordance with the Rome Statute, adopted in 1998 – have been analized in the article. The objective and subjective features of “the most serious crimes of international significance”, such as genocide, crime against humanity, war crimes committed after July 1, 2002, have been studied. The conditions for the International Criminal Court to acquire jurisdiction over the crime of aggression, which it received on the basis of the Kampala Additions to the Rome Statute in 2010, have been considered. The necessity of expanding the jurisdiction of the International Criminal Court by conventional crimes, interpretation of war crimes, crimes against humanity is substantiated. Emphasis is placed on the fact that the International Criminal Court complements national judicial systems and joins when a state is unwilling or unable to initiate criminal proceedings. Such a system, based on the principle of complementarity, imposes on the state the obligation to prosecute those who have committed an international crime. The criteria for determining the measure of punishment and their forms are stated. It is concluded that the problematic issues of the court's functioning include the specification of the form of guilt of crimes falling under the jurisdiction of the International Criminal Court, the qualification of international crimes, the absence of international crimes of international terrorism, ecocide, crimes with biological weapons, the unwillingness of states to ratify the Rome Statute.
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Kirsch, Philippe, and John T. Holmes. "The Birth of the International Criminal Court: The 1998 Rome Conference." Canadian Yearbook of international Law/Annuaire canadien de droit international 36 (1999): 3–39. http://dx.doi.org/10.1017/s0069005800006871.
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SummaryThe adoption of the Rome Statute of the International Criminal Court on July 17, 1998, was an historic achievement culminating decades of efforts to establish a permanent body to bring to justice those responsible for the most serious international crimes. The Bureau of the Committee of the Whole of the Conference played a leading role in forging the final package that was overwhelmingly endorsed by the Conference. In developing this package, the Bureau went to considerable lengths to consult delegations and members of civil society and to accommodate the concerns of the vast majority of participants at the Rome Conference. The Rome Statute is a carefully crafted instrument balancing complex legal and policy concerns and fully consistent with the norms and standards of international law. The successful outcome of the Rome Conference was due to the recognition that this balanced approach was timely and appropriate. The credit for the achievement of this seminal moment in history is shared by the commitment of a core group of states, the so-called Like-Minded Group, the dedication of a number of ministers and delegates to the goal, and the strong, vocal, and committed support of members of civil society.
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Wulandari, Ria. "KEDUDUKAN BILATERAL IMPUNITY AGREEMENT (BIA)/NON SURRENDER AGREEMENT (NSA) TERHADAP STATUTA ROMA 1998." TANJUNGPURA LAW JOURNAL 2, no. 2 (February 11, 2020): 166. http://dx.doi.org/10.26418/tlj.v2i2.25801.
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The Rome Statute asserts that the ICC has jurisdiction over people (natural person). This affirmation is contained in article 25 (2) stating that persons committing offenses materially included in the ICC jurisdiction shall enter into individual criminal liability. Another article on the non-recognition of impunity is found in the provisions of article 33 of the Rome Statute stating that a person committing crimes covered by the Rome Statute on the basis of superior orders can not escape from criminal responsibility. But the 1998 Rome Statute has weak rules in article 98 paragraph 2 concerning cooperation concerning the release of immunity rights and consent to submit to which the treaty was made because of an existing SOFA agreement prior to the 1998 Rome Statute. The absence of impunity in the Rome Statute of 1998 has provoked a strong reaction from the United States. According to US, this non-impunity provision threatens its citizens, especially US troops who serve as peacekeepers or military cooperation with allies in various parts of the world. Therefore the United States uses the provisions of article 98 paragraph 2 to hold a number of bilateral agreements with various states stating that no citizen shall be an officer or former official, or any military personnel of any party which may be transferred or transferred by another State to the International Criminal Court for any purpose. This agreement became known as the Bilateral Implementation Agreement (BIA). Another term for this agreement is the NonSurrender Agreement (NSA). The BIA / NSA Agreement then becomes contradictory to the objective of the Rome Statute 1998 on impunity repudiation. If the BIA / NSA agreement is justified it will complicate the existence of the International Criminal Court.
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Banjarani, Desia Rakhma, Febrian Febrian, Mada Apriandi Zuhir, and Neisa Angrum Adisti. "War Crimes In Humanitarian Law And International Criminal Law: The Urgency Of War Crimes Regulation In Indonesian Criminal Law." Fiat Justisia: Jurnal Ilmu Hukum 17, no. 2 (March 31, 2023): 109–32. http://dx.doi.org/10.25041/fiatjustisia.v17no2.2859.
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Indonesia has Law Number 26 of 2000 concerning the Human Rights Court or the Law on Human Rights Courts, similar to the Rome Statute. However, this law does not regulate war crimes, while the Rome Statute specifically regulates war crimes. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. Meanwhile, the perpetrators of war crimes must be tried at any time because those crimes do not know the expiration date. It is the background of this research that the problem will be discussed: How are war crimes provisions in humanitarian law and international criminal law? Why do war crimes need to be regulated in Indonesian criminal law? This type of research is normative juridical research with a statute approach through qualitative descriptive analysis. The results of this study show that the regulation of war crimes is governed by humanitarian law and international criminal law. In humanitarian law, war crimes are regulated in the 1907 Hague Convention, the 1949 Geneva Convention, The Declaration on the Protection of Women and Children in Emergency 1974, and Additional Protocol II Geneva Convention 1977. Meanwhile, international criminal law regulates the responsibility of war crime perpetrators in the IMT Charter 1945, IMTFE Charter 1946, the 1993 ICTY Statute, the 1994 ICTR Statute, and the 1998 Rome Statute. The urgency of regulating war crimes in Indonesian law is due to four aspects: 1) Indonesia has ratified the 1949 Geneva Convention. 2) No regulations in Indonesia regulate war crimes, even in the 2023 Criminal Code. 3) Indonesia is part of the international community. 4) Law enforcement armed conflict cases in Indonesia is unresolved.
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Bhagi, Arjun. "India’s Tryst with International Criminal Law: Why Delhi Cannot Digest the Roman Pasta?" Christ University Law Journal 3, no. 1 (June 1, 2014): 95–109. http://dx.doi.org/10.12728/culj.4.7.
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The Rome Statute of the International Criminal Court of
1998 (the statute) establishing the International Criminal
Court (ICC) seeks to provide an international criminal
law regime to deal with crimes against humanity. Despite
the path breaking structure of this statute, India has
refrained from being a signatory to it. This paper deals
extensively with India’s unhappiness over a universally
important and well drafted law like the Rome Statute.
This paper debates two major concerns of India with
respect to the statute: abuse of referrals by the Security
Council and the challenge to its sovereignty. It also
features an exhaustive discussion of India’s eagerness to
include terrorism and ‘use of nuclear warfare’ as crimes
under the statute. Based on an extensive legal research,
the author concludes that India must make no further
delay in becoming a member nation of thestatute.
Dissertations / Theses on the topic "Rome Statute of the International Criminal Court (1998)"
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McCarthy, Conor. "Reparations and victim support under the Rome Statute of the International Criminal Court." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609112.
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Mohami, Thapelo Adelice. "The principle of complementarity : a critical analysis of Article 17 of the Rome Statute from an African perspective." Thesis, Rhodes University, 2014. http://hdl.handle.net/10962/d1013326.
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This thesis attempts to address perennial concerns, mostly raised in some quarters in Africa, pertaining to the development of the complementarity regime established by the Rome Statute of the International Criminal Court. It grapples with a very important question, whether the principle of complementarity, embodied in article 17 of the Rome Statute, was formulated and is being applied by the ICC in a manner that upholds the ideals and theories upon which the regime was founded. The principle of complementarity is designed to mediate the imperatives of State sovereignty and a legitimate international criminal justice system. Essentially, complementarity gives States latitude to try genocide, crimes against humanity, war crimes and aggression nationally, with the ICC only intervening where States are either unable or unwilling to prosecute genuinely. Africa constitutes the biggest regional block of membership to the Rome Statute, however, over the years; support for the ICC on the African continent has waned. It has been argued in some quarters that the ICC is anti-African and that it has interpreted and applied complementarity in a manner that diminishes State sovereignty. The thesis argues that this tension may also be due to textual deficiencies inherent within the Rome Statute, in the provisions that embody this principle. It therefore examines complementarity from a theoretical perspective to provide a comprehensive account of the system contemplated by the drafters of the Rome Statute. In this regard, the thesis argues for expansion of States’ ability at the national level to deal with international crimes without compromising international criminal justice processes or threatening State sovereignty. This is suggested as a way of relieving the tension that has characterised the relationship between African States and the ICC. The thesis further sketches out some of the complexities inherent in the modalities through which the Court may exercise its complementary jurisdiction, particularly within the African continent, given that legal systems in most African countries are particularly weak. It thus dissects the provisions that outline the principle of complementarity in tandem with the Court’s interpretation and application of complementarity in practice. Furthermore, through an exploratory survey of the referral of the Situation in Uganda, and the ICC Prosecutor’s proprio motu investigation of the Situation in Kenya, the thesis illustrates how a positive approach to complementarity can help establish a healthy cooperative synergy between the ICC and States, thereby promoting a functional expeditious criminal justice system. This will go a long way towards assuaging State’s fears that the ICC merely pays lip service to complementarity and arbitrarily supersedes national jurisdiction.
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Ngari, Allan Rutambo. "State cooperation within the context of the Rome Statute of the International Criminal Court : a critical reflection." Thesis, Stellenbosch : Stellenbosch University, 2013. http://hdl.handle.net/10019.1/80212.
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Thesis (LLM)--Stellenbosch University, 2013.Bibliography
ENGLISH ABSTRACT: This thesis is a reflection of the provisions of the Rome Statute in relation to the most fundamental condition for the effective functioning of the Court – the cooperation of states. It broadly examines the challenges experienced by the Court with respect to application of Part IX such as whether non-State Parties to the Rome Statute can, notwithstanding their right not to be party, be compelled to cooperate with the Court owing to the customary international law obligation for all States to repress, find and punish persons alleged to have committed the crimes within the jurisdiction of the Court (war crimes, crimes against humanity, and genocide). This is particularly challenging where such persons are nationals of non-States Parties. The various meanings of international cooperation in criminal matters is discussed with reference to and distinguished from the cooperation regime of the International Criminal Tribunals for Rwanda and the former Yugoslavia. For States Parties to the Rome Statute, the thesis evaluates the measure of their inability or unwillingness to genuinely prosecute persons alleged to have committed crimes within the jurisdiction of the Court within the context of the principle of complementarity. It seeks to address, where such inability or unwillingness has been determined by the Court, how effective the cooperation between the States Parties and the Court could best serve the interests of justice. The thesis answers the question on what extent the principle of complementarity influences the cooperation of States with the Court, whether or not these States are party to the Rome Statute. The concept of positive complementarity that establishes a measure of cooperation between the Court and the national criminal jurisdictions is further explored in the context of the Court’s capacity to strengthen local ownership of the enforcement of international criminal justice. A nuanced discussion on the practice of the Court with respect to the right of persons before the Court is developed. The rights of an accused in different phases of Court proceedings and the rights of victims and affected communities of crimes within the Court’s jurisdiction are considered at length and in the light of recently-established principles regulating the Court’s treatment of these individuals. These persons are key interlocutors in the international criminal justice system and have shifted the traditional focus of international law predominantly from states to individuals and bring about a different kind of relationship between States as a collective and their treatment of these individuals arising from obligations to the Rome Statute. Finally the thesis interrogates the enforcement mechanisms under the Rome Statute. Unlike States, the Court does not have an enforcement entity such as a Police Force that would arrest persons accused of committing crimes within its jurisdiction, conduct searches and seizures or compel witnesses to appear before the Court. Yet, the Court must critically assess its practice of enforcing sentences that it imposes on convicted persons and in its contribution to restorative justice, the enforcement of reparations orders in collaboration with other Rome Statute entities such as the Trust Fund for Victims.
AFRIKAANSE OPSOMMING: Hierdie tesis is 'n weerspieëling van die bepalings van die Statuut van Rome in verhouding tot die mees fundamentele voorwaarde vir die effektiewe funksionering van die Hof - die samewerking van State. Dit ondersoek breedweg die uitdagings wat deur die Hof ervaar word met betrekking tot die toepassing van Deel IX soos byvoorbeeld of State wat nie partye is tot die Statuut van Rome, nieteenstaande hul reg om nie deel te wees nie, verplig kan word om saam te werk met die Hof weens die internasionale gewoontereg verpligting om alle persone wat na bewering misdade gepleeg het binne die jurisdiksie van die Hof (oorlogsmisdade, misdade teen die mensdom en volksmoord) te verhinder, vind en straf. Dit is veral uitdagend waar sodanige persone burgers is van State wat nie partye is nie. Die verskillende betekenisse van die internasionale samewerking in kriminele sake word bespreek met verwysing na, en onderskei van, die samewerkende stelsel van die Internasionale Kriminele Tribunale vir Rwanda en die voormalige Joego-Slawië. Vir State wat partye is tot die Statuut van Rome, evalueer die tesis - in die konteks van die beginsel van komplementariteit - die mate van hul onvermoë, of ongewilligheid om werklik persone te vervolg wat na bewering misdade gepleeg het binne die jurisdiksie van die Hof. Dit poog om aan te spreek, waar so 'n onvermoë of ongewilligheid bepaal is deur die Hof, hoe effektiewe samewerking tussen State wat partye is en die Hof, die belange van geregtigheid die beste kan dien. Die tesis beantwoord die vraag op watter mate die beginsel van komplementariteit die samewerking van die State met die Hof beïnvloed, ongeag of hierdie State partye is tot die Statuut van Rome. Die konsep van positiewe komplementariteit wat samewerking vestig tussen die Hof en die nasionale jurisdiksies aangaande kriminele sake word verder ondersoek in die konteks van die Hof se vermoë om plaaslike eienaarskap in die handhawing van die internasionale kriminele regstelsel te versterk. 'n Genuanseerde bespreking op die praktyk van die Hof met betrekking tot die reg van persone voor die Hof word ontwikkel. Die regte van 'n beskuldigde in die verskillende fases van die hof verrigtinge en die regte van slagoffers en geaffekteerde gemeenskappe van misdade binne die hof se jurisdiksie word in diepte bespreek in die lig van die onlangs gevestigde beginsels wat die Hof se behandeling van hierdie individue reguleer. Hierdie persone is sleutel gespreksgenote in die internasionale kriminele regstelsel en het die tradisionele fokus verskuif van die internasionale reg van State na individue, en bring oor 'n ander soort verhouding tussen State as 'n kollektiewe en hulle behandeling van hierdie individue as gevolg van hul verpligtinge aan die Statuut van Rome. Ten slotte bevraagteken die tesis die handhawings meganismes onder die Statuut van Rome. In teenstelling met State, het die Hof nie 'n handhawing entiteit soos 'n Polisiemag wat persone kon arresteer wat beskuldig word van misdade binne sy jurisdiksie, deursoek en beslagleggings uitvoer of persone dwing om as getuies te verskyn voor die Hof nie. Tog, moet die Hof sy praktyk van uitvoering van vonnisse wat dit oplê op veroordeelde persone en in sy bydrae tot herstellende geregtigheid die handhawing van herstelling in samewerking met ander Statuut van Rome entiteite soos die Trust Fonds vir Slagoffers krities assesseer.
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Denecke, Jan. "The admissibility of a case before the International Criminal Court : an analysis of jurisdiction and complementarity." Thesis, Stellenbosch : Stellenbosch University, 2002. http://hdl.handle.net/10019.1/53084.
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Thesis (LLM)--University of Stellenbosch, 2002.ENGLISH ABSTRACT: The permanent International Criminal Court (ICC) will come into operation after the 60th ratification of the Rome Statute of the International Criminal Court of 1998. The ICC will have jurisdiction over the most serious international crimes, namely war crimes, genocide and crimes against humanity. The focus of this thesis is the difficulties surrounding the admissibility of a case before the ICC. There are basically two legs to this analysis: jurisdiction and complementarity .. Jurisdiction of the ICC is analysed in historical and theoretical context. This comprises an overview of the international tribunals since the First World War, and more specifically their impact on the development of jurisdiction in international criminal law. Secondly, the thesis is examining the jurisdiction of the ICC in terms of the specific provisions of the Rome Statute. This analysis comprises a detailed analysis of all the provisions of the Rome Statute that have an impact on the exercise of the ICC's jurisdiction. The relationship between the ICC and national courts is a difficult relationship based on a compromise at the Rome Conference in 1998. The principle underlying this relationship is known as "complementarity". This : means that the ICC will only exercise its jurisdiction if a national court is "unwilling" or "unable" to exercise its jurisdiction. A detailed analysis of the different provisions of the Rome Statute, as well as some references to other international tribunals, serve to analyse the impact of complementarity on the eventual ambit of the ICC's jurisdiction. In conclusion, some suggestions regarding the admissibility of cases and the difficult relationship between the ICC and national courts are made.
AFRIKAANSE OPSOMMING: Die permanente Internasionale Strafhof (ISH) sal met sy werksaamhede begin na die 60ste ratifikasie van die Statuut van Rome van 1998. Die ISH sal jurisdiksie uitoefen oor die ernstigste internasionale misdade, tewete oorlogsmisdade, volksmoord en misdade teen die mensdom. Hierdie tesis fokus op die probleme rondom die toelaatbaarheid van 'n saak voor die ISH. Hierdie ontleding het basies twee bene: jurisdiksie en komplementariteit. Die jurisdiksie van die ISH word in historiese en teoretiese konteks ontleed. Dit behels 'n oorsig van die internasionale tribunale sedert die Eerste Wêreldoorlog, en meer spesifiek die impak wat hierdie tribunale op die ontwikkeling van jurisdiksie in die internasionale strafreg gehad het. In die tweede plek word jurisdiksie ontleed aan die hand van die spesifieke bepalings van die Statuut van Rome. Hierdie ontleding behels 'n gedetaileerde ontleding van al die bepalings van die Statuut van Rome wat 'n impak het op die uitoefening van die ISH se jurisdiksie. Die verhouding tussen die ISH en nasionale howe is 'n komplekse verhouding, gebaseer op 'n kompromie wat by die Rome Konferensie van 1998 aangegaan is. Die beginselonderliggend aan hierdie verhouding staan bekend as "komplementariteit". Dit beteken dat die ISH slegs sy jurisdiksie sal uitoefen indien 'n nasionale hof "onwillig" of "nie in staat is" om jurisdiksie uit te oefen nie. 'n Gedetaileerde ontleding van die verskillende bepalings van die Statuut van Rome, sowel as verwysings na ander internasionale tribunale, dien om die impak van komplementariteit op die omvang van die ISH se jurisdiksie, te ontleed. Ten slotte word sekere voorstelle aangaande die toelaatbaarheid van sake en die verhouding tussen die ISH en nasionale howe gemaak.
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Gebremeskel, Wintana Kidane. "Sitting head of state immunity for crimes under international law : conflicting obligations of ICC member states?" University of the Western Cape, 2016. http://hdl.handle.net/11394/5515.
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Magister Legum - LLMSitting head of state immunity for crimes under international law has been a very controversial issue in recent times. On the one hand, the debate bears that personal immunity has been renounced for crimes under international law. On the other hand, the advocates of personal immunity claim that the principle of immunity is still persisting under customary International law. Although the International Criminal Court (ICC) is a treaty based court, it is able to extend its jurisdiction to non-state parties to the Rome Statute through a referral by the United Nations Security Council. Lacking its own enforcement body the ICC relies on the cooperation of other states for arrest and surrender of those it indicts. The extension of the court's jurisdiction to non-state parties, such as the case of Sudanese President Omar Al Bashir, has led to the reluctance of state parties to the Rome Statue to effect arrest and surrender citing a 'dilemma between two conflicting obligations'. This paper analyses the legal status of personal immunity before different fora such as International tribunals, foreign domestic courts and under customary international law. It also critically examines the legal basis for the alleged conflicting obligations of state parties. The paper at the end concludes that there is no conflicting obligation for states parties to fully co-operate with the ICC and the lack of co-operation in the arrest and surrender of a sitting head of state is inconsistent with international law particularly with United Nation Charter and the Rome Statute.
German Academic Exchange Service (DAAD)
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Nouwen, Sarah Maria Heiltjen. "Complementarity in conflict : law, politics and the catalysing effect of the International Criminal Court in Uganda and Sudan." Thesis, University of Cambridge, 2010. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.609009.
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Bakama, Bope Eugène. "Les fonctions de prévention et de réconciliation de la Cour pénale internationale : cas de la république démocratique du Congo." Thesis, Aix-Marseille, 2019. http://www.theses.fr/2019AIXM0395.
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A côté de la fonction judiciaire de mettre fin à l’impunité des auteurs des crimes visés dans son statut, les États parties ont assigné à la Cour pénale internationale la fonction de les prévenir. L’interprétation de certaines dispositions du Statut de Rome conduit à lui reconnaître aussi une fonction réconciliatrice ou pacificatrice de facto. Existe-t-il une obligation de prévenir les crimes internationaux les plus graves ? Quels sont les contours de la fonction préventive qui figure dans le Statut de Rome ? La prévention par l’action judiciaire est-elle suffisante pour empêcher la répétition des crimes, en particulier dans le cas de la République démocratique du Congo ? Existe-t-il une fonction judiciaire réconciliatrice ? Si oui, sous quelles formes ? Comment ces deux fonctions s’articulent avec les autres, répressive et réparatrice. Dans la première partie de cette thèse, l'approche retenue a consisté à analyser les dispositions du Statut de Rome et l'attitude des organes de la cour dans la logique de la prévention. Quoique l'objectif soit mentionné dans ledit statut, il reste de nombreux progrès à effectuer dans la mise en œuvre de ces dispositions, comme le révèle le cas de la RDC. Dans la deuxième partie, la thèse se concentre sur une approche prospective de la fonction réconciliatrice. L'examen de l'attitude de la cour ainsi que sa perception conduisent vers une réflexion sur le caractère réconciliateur des décisions juridictionnelles qu’elle a rendues ainsi que sur leurs limites. La thèse consacre alors certaines réflexions à l'intérêt de recourir à la justice transitionnelle dans le cadre de cette fonction réconciliatriceIn addition to the judicial function to put an end to the impunity of the perpetrators of the crimes referred to in its statute, States parties have assigned to the International criminal court the function of preventing them. The interpretation of some provisions of the Rome Statute also leads to a de facto reconciliatory or peacemaking function. Is there an obligation to prevent the most serious international crimes? What are the outlines of the preventive function which is foreseen by the Rome Statute? Is the prevention through judicial action sufficient to prevent the repetition of crimes, especially in the case of the Democratic Republic of Congo? Is there a reconciliation judicial function? If so, in what forms? How these two functions fit with others, repressive and restorative? In the first part of this thesis, the approach adopted is to analyze the provisions of the Rome Statute and the attitude of the organs of the court in the function of prevention. Although the objective is mentioned in the Rome Statute, there is still much progress to be made in implementing the spirit of these provisions, as the case on the DRC reveals. In the second part, the thesis focuses on a prospective approach to the reconciliation function. The analysis of the attitude of the court and its perception lead to a reflection on the reconciliatory character of the judicial decisions it has rendered and on their limits. The thesis then provides some reflections on the need to resort to transitional justice as part of this reconciliation function
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Gashi, Ermal. "International Criminal Court : A mechanism of enforcing Internaional Law." Thesis, Linnéuniversitetet, Institutionen för statsvetenskap (ST), 2015. http://urn.kb.se/resolve?urn=urn:nbn:se:lnu:diva-44472.
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Bogan, Sean Anthony. "Defences to crimes under the Rome Statute of the International Criminal Court." Thesis, University of Edinburgh, 2005. http://hdl.handle.net/1842/25230.
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The topic of defences to crimes under international law has been described as the “most confused and contentious area of international criminal law” (M. Lippman, “Conundrums of Armed Conflict: Criminal Defenses to Violations of the Humanitarian Law of War”, (1996) 15 Dickinson Journal of International Law 1, pp. 1-2). While the Rome Statute of the International criminal Court offers, for the first time in the history of conventional international criminal law, a codification of available defences, this codification is only partial. Defences not enumerated within the Rome Statute may still be considered by the International Criminal Court where they derive from a defined set of “applicable law”. It is the purpose of this thesis to assist in the process of arriving at a comprehensive understanding of which defences may be raised and relied upon by defendants appearing before the International Criminal Court. This thesis seeks to assist in that process through two means. In Part One, this thesis examines the principal norms which govern the application and interpretation of law under the Rome Statue of the International Criminal Court in so far as they are relevant to determining the admissibility and content of defences to crimes under the Statute. Part One examines: (1) The “applicable law” of the Rome Statute. Defences not enumerated within the Statute must derive from the “applicable law”, as defined in Article 21 of the statute, in order to be considered by the International Criminal Court. Therefore, a comprehensive understanding of which defences may be considered by the Court can only follow from an understanding of precisely which sources of law belong to the “applicable law” in Article 21 of the Statute. This thesis examines whether the “applicable law” of the Statute includes the entire corpus of general international law, and which, if any, treaties, considered qua treaty law, are included; (2) The principle nullum crimen sine lege. This principle incorporates both rules of application and interpretation. It is argued that the principle (which is incorporated, inter alia, in Article 22 of the Rome Statute) is applicable to defences, and entails certain corollaries including a prohibition on the ex post facto repeal of pre-existing defences and a prohibition on the narrow construction of such defences contrary to the interests of defendants; (3) The extent of permissible judicial discretion under the Rome Statute. Where a defence, not enumerated within the Rome Statute, derives nevertheless from the “applicable law” of the Statue and upon its proper interpretation would operate to exculpate the defendant, there is a question as to whether the International Criminal Court must admit that defence, or whether the admissibility of the defence is only discretionary, Article 31(3) of the Rome Statute states merely that the International Criminal Court “may” consider defences not enumerated within the Statute, a provision which is ostensibly discretionary. This thesis argues that the power of the International Criminal Court to consider and apply non-enumerated defences is not discretionary, but rather is a power to be exercised de jure. Where certain preconditions are met, the International Criminal Court must admit the relevant defence. This conclusion follows not merely from the principle nullum crimen sine lege, but also from the ordinary rules of construction of treaties as located in the Vienna Convention on the Law of Treaties. Part Two of this thesis examines these rules of application and interpretation in concreto in the context of one particularly controversial defence, the defence of belligerent reprisals. Part Two incorporates an in-depth examination of the status of the defence under customary and conventional international law. Many of the arguments located in academic writings and (in obiter) in case law, seeking to deny the admissibility of the defence in certain or all circumstances, are juridically weak and, in some cases, inconsistent with the principle nullum crimen sine lege. This thesis concludes, however, that at least one of these arguments (positing a prohibition on the right to engage reprisals against persons and objects protected under the Geneva conventions of 1949 and Protocol I Additional to the Geneva Conventions of 1977, on the basis of an obligation on parties to those conventions to respect the conventions “in all circumstances”) while juridically weak, nevertheless is not violative of the principle nullum crimen sine lege and may therefore be relied upon by the International Criminal Court, consistently with the rules of interpretation and application of the Rome Statute, as a basis for denying the defence of reprisals.
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Belay, Markos Debebe. "Scrutinising the modes of responsibility under the Rome statute : settling the dust." Thesis, University of the Western Cape, 2015. http://hdl.handle.net/11394/5165.
Full textBooks on the topic "Rome Statute of the International Criminal Court (1998)"
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Affairs, Great Britain Parliament House of Commons Secretary of State for Foreign and Commonwealth. Rome statute of the International Criminal Court, Rome, 17 July 1998. London: Stationery Office, 2002.
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Junck, Christoph. Die Gerichtsbarkeit des Internationalen Strafgerichtshofs: Vorbedingungen und Auslösemechanismen nach dem Römischen Statut vom 17. Juli 1998. Frankfurt am Main: Lang, 2006.
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Italy) United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (1998 Rome. United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, 1998. New York: Codification Division, Office of Legal Affairs, United Nations, 2008.
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United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court (1998). United Nations Diplomatic Conference of Plenipotentiaries on the Establishment of an International Criminal Court, Rome, 15 June-17 July 1998: Official records. New York: United Nations, 2002.
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Association internationale de droit pénal. Cour pénale internationale: Ratification et mise en oeuvre dans les législations nationales = International Criminal Court : ratification and national implementing legislation = La Corte Penal International : ratificación y aplicación por las legislaciones nacionales. Toulouse [France]: Érès, 2000.
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Maia, Marrielle. O Tribunal Penal Internacional na grande estratégia norte-americana (1990-2008). Brasília: Fundação Alexandre de Gusmão, 2012.
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Chamberlain, Cynthia. Children and the International Criminal Court: Analysis of the Rome Statute through a children's rights perspective. Cambridge, United Kingdom: Intersentia, 2015.
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Schabas, William. The International Criminal Court: A commentary on the Rome Statute. Oxford: Oxford University Press, 2010.
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Antonio, Cassese, Gaeta Paola, and Jones, John R. W. D., 1967-, eds. The Rome Statute of the International Criminal Court: A commentary. Oxford: Oxford University Press, 2002.
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Lattanzi, Flavia, and William Schabas, eds. Essays on the Rome Statute of the International Criminal Court: Volume I. Fagnano Alto: il Sirente, 1999.
Find full textBook chapters on the topic "Rome Statute of the International Criminal Court (1998)"
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Struett, Michael J. "Building the Rome Statute: 1998." In The Politics of Constructing the International Criminal Court, 109–29. New York: Palgrave Macmillan US, 2008. http://dx.doi.org/10.1057/9780230612419_6.
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Boxhoorn, Bram, and Giles Scott-Smith. "Rome Statute of the International Criminal Court, 1 July 2002." In The Transatlantic Era (1989–2020) in Documents and Speeches, 86–88. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003159551-28.
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Novak, Andrew. "The Rome StatuteInternational criminal court Rome Statute of the International Criminal Court." In The International Criminal Court, 23–40. Cham: Springer International Publishing, 2015. http://dx.doi.org/10.1007/978-3-319-15832-7_3.
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Safferling, Christoph, and Gurgen Petrossian. "Victims’ Participation Under the Rome Statute." In Victims Before the International Criminal Court, 97–229. Cham: Springer International Publishing, 2021. http://dx.doi.org/10.1007/978-3-030-80177-9_3.
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Adem, Seada Hussein. "Case Selection and Crimes Under the Rome Statute." In Palestine and the International Criminal Court, 111–85. The Hague: T.M.C. Asser Press, 2019. http://dx.doi.org/10.1007/978-94-6265-291-0_5.
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Kemp, Gerhard. "The Implementation of the Rome Statute in Africa." In Africa and the International Criminal Court, 61–77. The Hague: T.M.C. Asser Press, 2014. http://dx.doi.org/10.1007/978-94-6265-029-9_6.
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Huikuri, Salla. "Explaining Late Ratification of the Rome Statute." In The Institutionalization of the International Criminal Court, 171–94. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-95585-8_6.
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Huikuri, Salla. "The Philippines’ Late Ratification of the Rome Statute." In The Institutionalization of the International Criminal Court, 195–234. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-95585-8_7.
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Kovács, Péter. "The International Criminal Court in the Context of International Criminal Law." In International Law From a Central European Perspective, 181–217. Central European Academic Publishing, 2022. http://dx.doi.org/10.54171/2022.ar.ilfcec_9.
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There was a long path to the establishment of a permanent international criminal tribunal, from 1474 through the so-called Versailles Peace Treaties, the International Military Tribunal of Nuremberg and the International Military Tribunal of Tokyo, and the adoption of the Convention on the Preven- tion and Punishment of the Crime of Genocide to the text of the Rome Statute, which was adopted in 1998. Although the circle of international crimes is much larger than that of the crimes covered by the Rome Statute, it cannot be denied that it covers most international crimes. The jurisdiction of the International Criminal Court is based on the satisfaction of the preconditions settled in the Rome Statute. The jurisdictional competence of the International Criminal Court is based on two hypotheses: It is competent when the crime is committed on the territory of a States Party to the Rome Statute or by a national of a States Party. The main organs of the International Criminal Court are the Judiciary, the Office of the Prosecutor, the Registry, and the Assembly of States Parties. The International Criminal Court must use different evidentiary standards when rendering its decisions.
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Dieter, Fleck. "1 Introduction." In The Handbook of International Humanitarian Law. Oxford University Press, 2021. http://dx.doi.org/10.1093/law/9780198847960.003.0001.
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This introductory chapter provides an overview of international humanitarian law. During the past decades, international humanitarian law has been subject to a progressive development which culminated in the four 1949 Geneva Conventions, the 1977 Protocols Additional to these Conventions, the 1980 Weapons Convention, the 1993 Chemical Weapons Convention, and the 1998 Rome Statute of the International Criminal Court. While many efforts have been made by states to implement their obligations under international humanitarian law, much work remains to be done at international and national levels. This task poses a challenge to political decision-makers and to their legal and military advisers, many of whom must shoulder this workload in addition to other duties and in spite of the pressure of other priorities. Recent achievements of worldwide co-operation in this field are manifold: The interrelationship between humanitarian law and the protection of human rights in armed conflicts is largely accepted and better understood today than ever before. A progressive development of international criminal law has led to increased jurisprudence on war crimes and crimes against humanity by national courts, international ad hoc tribunals, and finally to the establishment of the International Criminal Court (ICC).
Conference papers on the topic "Rome Statute of the International Criminal Court (1998)"
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Béres, Nóra. "Substantial Aspects of the Cooperation Between the International Criminal Court and States Parties of the Rome Statute." In MultiScience - XXXI. microCAD International Multidisciplinary Scientific Conference. University of Miskolc, 2017. http://dx.doi.org/10.26649/musci.2017.111.
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Gabrielli, Giulia. "INDIVIDUAL CRIMINAL RESPONSIBILITY OF NON-STATE ACTORS OPERATING IN CYBERSPACE FOR WAR CRIMES UNDER THE ICC STATUTE." In International Scientific Conference on International, EU and Comparative Law Issues “Law in the Age of Modern Technologies”. Faculty of Law, Josip Juraj Strossmayer University of Osijek, 2023. http://dx.doi.org/10.25234/eclic/28268.
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Contemporary armed conflict has witnessed an increased employment of digital technologies in the conduct of hostilities. While there is broad consensus on the full applicability of the rules and principles of international humanitarian law (IHL) to the “fifth domain” of warfare, many issues remain debated. More specifically, digital technologies allow a wide range of actors other than States – such as individuals, “hacktivists”, criminal groups, non-State armed groups – to play a role in the hostilities and engage in cyber operations that have the potential of harming civilians or damaging civilian infrastructure and that may amount to serious violations of IHL. Against this backdrop, this paper seeks to examine the legal grounds upon which hostile cyber operations carried out by non-State actors (NSAs) could constitute war crimes, thus entailing their individual criminal responsibility under international law. Hence, the analysis will focus on the applicability of the war crimes provisions of the Rome Statute of the International Criminal Court (ICC) to such operations, with a view to identifying the prerequisites necessary to trigger the ICC’s jurisdiction. To this end, the first part will focus on the increased involvement of NSAs in the conduct of hostilities by cyber means, taking the recent conflict between Russia and Ukraine as a pertinent case study. Subsequently, the paper will explore the conditions necessary for the application of Article 8 of the ICC Statute, with special attention devoted to those aspects that are deemed particularly problematic in light of the participation of NSAs in armed conflict. Finally, the paper seeks to highlight the limits of possible future investigations of cyber conducts possibly amounting to war crimes. These encompass not only issues of admissibility, but also the statutory limits of the Rome Statute when it comes to war crimes provisions applicable to noninternational armed conflicts.
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Pylypenko, V. P. "LEGISLATION AND PRACTICE OF UKRAINE ON THE IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW AND THE ROME STATUTE OF THE INTERNATIONAL CRIMINAL COURT." In LEGAL SUPPORT OF EUROPEAN INTEGRATION: GENERAL LEGAL AND SECTORAL ASPECT. Baltija Publishing, 2024. http://dx.doi.org/10.30525/978-9934-26-424-5-17.
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Saeed Ghafoor Ahmad, Kosar, and Amanj nasih qadir omer. "Prosecuting the perpetrators of the Camp Speicher crime according to Iraqi laws or the jurisdiction of the International Criminal Court." In Peacebuilding and Genocide Prevention. University of Human Development, 2021. http://dx.doi.org/10.21928/uhdicpgp/45.
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"This work includes talking about the crime of Camp Speicher, in which 1,700 students of the Iraqi army of the Sheea creed were killed by the gangs of the terrorist organization ISIS, with the aim of eliminating the members of this sect because of the misleading ideology carried by those gangs. On 6-12-2014, Iraqi soldiers at Camp Speicher (Speicher Air Base) in Tikrit were subjected to murder and enforced disappearance by terrorist organizations because of their affiliation to the Sheea creed. This crime was among a series of brutal crimes for the genocide of Sheeas in Iraq. This is similar to what happened in the Badoush prison crime in the province of Mosul, which the Iraqi Parliament considered it as a crime of genocide, in which these gangs executed about (400) members of the prison inmates of the Sheea component. After ISIS took control of the city of Tikrit in Iraq, and one day after they took control of the city of Mosul, they captured (2000-2200) soldiers and led them to the presidential palaces in Tikrit, and they shot them there and in other areas and buried some of them alive. This disaster had a negative impact on the families of the victims of the Speicher where they went out in demonstrations demanded that the leaders who handed over the victims of Speicher to ISIS must be prosecuted, and in one of the demonstrations they managed to enter Parliament and demanded that the leaders who handed over Speicher to ISIS be held accountable. After that, many demonstrations took place by the families of the victims, some of which led to the closure of a bridge in Baghdad a few times Protesting the government's delay in clarifying the fate of their children or taking quick measures. The Iraqi parliament and government recently considered the Speicher incident “genocide” in reference to the premeditated murder of Badoush Prison inmates in Nineveh Governorate and the unarmed Speicher military base, the premeditated murder of members of the Albu Nimr, Jabour, al-Lahib, and al-Ubaid tribes, and the killing and displacement of civilians from Kurds, Christians, Yazidis and Shabaks in Sahel Nineveh, Sinjar, deliberate killing and displacement of Turkmens in Tal Afar and Bashir. This decision paves the way for obtaining international recognition from it as a ""genocide"" as stipulated in the Contract of the United Nations in 1948, and Iraq signed it in the fifties of the last century. This study attempts to explain the Al-Ikhnasas Court in looking into the crimes of genocide committed by ISIS against the bereaved students of the Air Force Base (Speicher) due to what this issue raised from the national and international public opinion, especially after the involvement of the Iraqi army leaders in this massacre, according to what witnesses reported in that area and what was reported by soldiers who survived the incident, in addition to the involvement of some members of the Sunni tribes in these crimes with the terrorist organization ISIS. The importance of this study lies in the following aspects: - That ISIS elements were tried according to Anti-Terrorism Law No. 13 of 2005, and from our point of view that the aforementioned law is vague and broader than it should be, and it applies to serious and simple crimes from murder to crimes of sabotage, and the list of crimes punishable by the death penalty according to the aforementioned law is a long list and spacious. - The Iraqi government has embarked on an attempt to develop a legal framework to prosecute ISIS elements, and its mission focused on understanding the procedures and results drawn from those judicial efforts, and its mission also focused on showing the efforts taken by the Iraqi government to address violations in the field of the right to life, including those committed by affiliated forces government as well as other international and domestic actors. The International Criminal Court is specialized in considering specific crimes under Article (5) of its Statute, which are war crimes, aggression and crimes against humanity, which necessitates the adaptation of Speicher's crime within any of the mentioned types of crimes. The assumption of the International Criminal Court in relation to the Speicher crime, includes several positive matters and results at the same time a set of negatives, which must be presented to those positives and negatives in order to give preference between them and the choice of authorizing the court to consider the crime or not. The terrorist organization ISIS has committed serious systematic violations, including war crimes and others, and perhaps those that are not under its control, and that none of these crimes can be addressed within the anti-terrorism law, which cannot address human rights violations. The international community has recognized the heinous violations committed by ISIS against the citizens of Iraq by adopting Resolution (2370) in September of 2017, issued by the Security Council, which authorizes the Security Council to appoint an investigation team to support local efforts to hold ISIS elements accountable by collecting and preserving evidence in Iraq, which can rise to a high level, and it was committed by the elements of the organization. It considers that the decision constitutes a burden and an obligation on Iraq to investigate all allegations of violations committed by government forces for the purpose of holding them accountable, as well as requiring the establishment of special courts and trained judges in relation to ISIS crimes to deal with them. Terrorism is a global curse that has recently spread horizontally to all countries of the world and its effects have been concentrated vertically in some countries, and no one denies that the parties to this phenomenon are increasing (perpetrators and victims) and the United Nations in particular and the international community in general has not succeeded in reducing it despite the fact that the resolutions of the UN Security Council It is increasing, but the proportionality is absent between these decisions and the practical reality. The phenomenon of terrorism is spreading rapidly, and the perpetrators of terrorist acts are on the rise, corresponding to an increase in the victims of terrorism. Also, the circumstances and events that Iraq is going through, especially after 2003, put it at the forefront of countries which suffers from terrorism that has killed the people, using methods and forms that were not previously known and brutal and bloody cruel. ) for the year 2005, and since terrorism was not limited to Iraq, but included many countries, and was not specific to a place or time, nor was it recent in terms of composition. In addition, the aforementioned law cannot be aware of all violations of international and humanitarian law, as we mentioned previously, which requires the necessity of referring the criminals to a competent court. The Court conducts its rule under Article (13) of its Statute when referred to it by a state party to the same system or by the Security Council or when the Public Prosecutor conducts the investigation on his own, and then how does the Court take its measures regarding the aforementioned crime if we take a look Considering that the State of Iraq is not a member of the Statute of the Court. The rule of the court is free from the death penalty, which makes the idea of authorizing the court to consider the crime rejected by most Iraqis, especially the families of the victims. What are the negative aspects of the Iraqi national judiciary’s view of the Speicher crime, and how can it be avoided if the International Criminal Court plays this role? What are the guarantees provided by the court in the event that it proceeds with its procedures regarding this crime? The research on this subject is according to the appropriate method, which is the analytical and comparative method, which works on studying and comparing topics by analyzing ideas and jurisprudential rulings, and the positions of the governments of countries and the United Nations, as well as the resolutions of the Security Council and the General Assembly, and comparing arbitration between Iraqi courts. And the international courts regarding the trial of the perpetrators of the Speicher base crime, and then come up with a set of conclusions and recommendations."